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Rule 44 – Appointed-counsel Fees and Necessary Expenses

May 11, 2021 | Criminal Procedure, Hawaii

(a) Itemized Bill; Copies. Attorneys appointed to represent indigent persons shall request fees and necessary expenses by submitting an itemized and verified bill of fees and costs, together with a statement of authority for each category of items and, where appropriate, copies of invoices, bills, vouchers, and receipts. Requests shall be submitted on forms that substantially comply with Forms F, H, and I annexed to these rules. Each request shall be accompanied by a copy of the Findings and Recommendation of the Public Defender and Order Appointing Counsel. Failure to provide authority for the award of attorney’s fees and necessary expenses may result in denial of that request. Attorneys whose cases are not subject to electronic filing shall file an original and 3 copies of all submissions.
(b)Filing and Service.

(1) CRIMINAL CASES

(i) Fees and necessary expenses. Requests for fees and necessary expenses, with proof of service, may be submitted 6 months after appointment or prior submission and approval of a request, provided that the final request, with proof of service, shall be submitted no later than 60 days after final disposition. For the purpose of this rule, final disposition includes entry of judgment, entry of an order of dismissal, or entry of an order allowing withdrawal or termination of representation.

If a prior request was submitted, a subsequent request must include a Billing Recap on a form that substantially complies with Form G annexed to these rules.

(ii) Other Litigation Expenses. Requests for expert witness fees, interpreter services, and transcripts (for purposes other than appeal) shall be submitted by motion, with proof of service, prior to retaining the expert or interpreter or ordering the transcript. The motion shall be supported by declaration or affidavit that show cause as to why the motion should be granted.
(2) SPECIAL PROCEEDINGS

Requests for fees and necessary expenses in special proceedings, with proof of service, shall be submitted no later than 60 days after entry of an order granting or denying the petition.

(c)Requests under seal. Counsel may seek to seal any request or related order for expenses. A request to submit under seal shall be by ex parte motion, shall be supported by an affidavit or declaration setting forth the circumstances that merit submission under seal, and shall include a proposed order.
(d)Untimely requests. An untimely request for fees and necessary expenses may be denied.
(e)Objections and Reply. Objections to requests for fees and necessary expenses, if any, shall be filed, with proof of service, within 10 days after service of the request. A reply to the objections, if any, shall be filed within 7 days after service of the objections on the initiating party.
(f)Multiple Cases. Attorneys appointed to represent a defendant in multiple cases shall submit a request for fees and necessary expenses in each case; provided if time spent on each case was identical, a single request that identifies all case numbers may be submitted, with originals for each case file. All requests with regard to representation of a single defendant in multiple cases that were disposed simultaneously shall be submitted at the same time.

Haw. R. Pen. P. 44

Adopted April 20, 2011, effective July 1, 2011; amended May 7, 2012, effective June 18, 2012.